Filming or photographing of bodies or body parts that have been donated

This guidance is for anyone considering filming or taking photographs of a body or body parts donated to a medical school or surgical training centre, or activities taking place within those settings. When we refer to photography and filming in this guidance, we intend to capture any recorded, still or live-images, regardless of how they are shown.

We recognise the importance of images in education. Making and displaying of images falls outside of the scope of the Human Tissue Act, and cannot be formally regulated. However, we expect establishments to take care not to compromise the dignity of the deceased, and to put systems in place to prevent the inappropriate use of images.

It’s important to seek prior consent in respect of any filming, photography and use of such footage (including publication, live-streaming or subsequent broadcast). Ideally, consent should be sought from the donor before they die. If this has not happened, permission should be sought from family members or relatives.

For human material that was already being held when the Human Tissue Act came into force, we would advise that this guidance is followed unless there are any factors in documented consent that would preclude the making of images. It is also important that no aspects of proposed filming activities conflict with any known wishes or views expressed by donors.

The anonymity of the deceased should be maintained, unless consent has been given for their identity to be made public. The information in our Codes or Practice on Consent and Anatomical Examination can help ensure that the individual person and their family are given due consideration throughout the process of filming or photographing. The General Medical Council’s (GMC) publication ‘making and using visual and audio recordings of patients’ may also be a useful resource.

Consideration should also be given to the rights of any other individual whose personal information is photographed or filmed at the same time as footage is taken of the body or body part (e.g. the images or voices of people who are present at an anatomical examination).

It remains the responsibility of the person or organisation who collects and uses such personal information to respect the rights of any individuals involved, and to comply with applicable laws regarding the collection and use of such information, including data protection laws.

Each HTA licensed establishment has to nominate a person, the Designated Individual (DI), under whose supervision the licensed activities take place. Under the HT Act, the DI’s responsibilities include ensuring that suitable people are carrying out the licensed activities and that they are using suitable practices. They are also responsible for ensuring that there are procedures in place governing access by any visitors.

If you’re a DI and you’re approached by anyone wishing to film or photograph activities taking place, we encourage you to contact HTA.

If you have any questions about this guidance please contact us media@hta.gov.uk